Business Name
Registering your business name is an important step in establishing your brand. It allows customers to identify and connect with your business and distinguishes you from other businesses. If you intend to trade under a particular name, you must register it with the Australian Securities and Investments Commission (ASIC).
You cannot register a business name that is identical or too similar to an existing registered business or company name. Before settling on a business name, it is recommended that you conduct a trademark search to ensure your chosen name isn’t already protected.
Registering your business name allows you to trade under that name across Australia. However, registration of a business name does not give you ownership of that name or protect it as intellectual property.
Trademark
To protect your business name as a brand, you should consider registering it as a trademark.
A trademark is a sign used to distinguish your goods or services from those of others. It can include a word, logo, slogan, colour, shape, scent, sound, or any combination of these elements. Some of the most recognisable trademarks include Apple, Google, Coca-Cola, and Nike — each with distinct logos and branding.
If you want to protect both your business name (word mark) and your logo, each must be registered separately as trademarks.
Registering your trademark with IP Australia gives you exclusive rights to use that mark throughout Australia in connection with the specified goods or services. While some trademarks can coexist where the goods or services are unrelated, registration provides a monopoly over use within your specific category.
Key Takeaway
Registering your business name is a legal requirement for trading, but it doesn’t give you proprietary rights. Trademark registration, on the other hand, protects your brand and gives you enforceable legal rights across Australia.
Need Help?
If you have any questions about registering a business name or trademarking your brand, please contact our office. We’re here to help you protect what you’ve built.
